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FONTEM US v. UNITED STATES FOOD AND DRUG ADMIN.

No. 22-1076. Consolidated with 23-1021.

82 F.4th 1207 (2023)

FONTEM US, LLC, Petitioner, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 29, 2023.

Attorney(s) appearing for the Case

Andrew D. Prins , argued the cause for petitioner. With him on the briefs were Philip J. Perry , and Jacob Rush .

Garrett Coyle , Trial Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Samuel R. Bagenstos , General Counsel, U.S. Department of Health and Human Services.

Before: Rao and Walker, Circuit Judges, and Ginsburg, Senior Circuit Judge.

This case concerns the scope of the Food and Drug Administration's authority to regulate the marketing of new tobacco products under the Tobacco Control Act. After the FDA promulgated regulations applying the Act to vaping products, Fontem US, LLC, submitted numerous applications to market its flavored and unflavored vaping products...

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